FREE SHIPPING WITHIN SPAIN (MAINLAND)

TERMS AND CONDITIONS

GENERAL

Throughout the site, the terms “we”, “us” and “our” refer to Lemiche.com. Lemiche.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

Orders may be made by individual consumers and by legal entities to acquire Lemiché products provided this is not for resale purposes. Any resale or distribution of the Lemiché products acquired through the www.lemiche.com website is strictly forbidden.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Unless otherwise expressly provided in these conditions, the liability of Lemiche.com with regard to any Product shall be strictly limited to the price paid for that product. In no case shall Lemiche.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

The Lemiché Onine Store (lemiche.com) follows the european norms as transposed under the form of Spanish laws:  “Ley de Servicios de las Sociedad de la Información y de Comercio Electrónica” (Law for the Information Society Services and eCommerce, LSSI-CE 34/2002) and the “Ley General de Defensa de Consumidores y Usuarios” (General Law of Customers and Users Defence, RD 1/2007). The customer of Lemiché Online Store accepts the Terms of Sale by the means of placing an Order. 

TRANSFER OF THE RISK AND RESERVATION OF DOMAIN

The risk of the Products shall be the responsibility of the buyer from the moment these are delivered. The Buyer will acquire the ownership of the Products once all the amounts due have been paid concerning those products.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

USER´S LIABILITIES

Your submission of personal information through the store is governed by our Privacy Policy.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Your username and the password are strictly confidential. You accept not to share them or put them at anyone else’s reach, as you will be sole responsible in case the username and password are used by a third person. Thus, you will bear responsibility for any statement made on the web or any other action taken using his username and password. Lemiche.com is not capable of verifying the identity of its registered users, and hence will not be liable for the improper use of the identity of a registered user by non-registered third parties. The User guarantees that she or he will immediately notify Lemiche.com for the theft, divulgation or loss of her or his username or password.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You agree to indemnify, defend and hold harmless Lemiché and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

For more detail, please review our Returns Policy.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PLACING AN ORDER

On receipt of your Order, we will send you an Order acknowledgement email to the email address which you provide in the Order process. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate. Note that this e-mail is only to acknowledge that your Order has been received, and is not acceptance by us of any offers to purchase the Goods.

We must receive full payment both of the price of the Goods and any applicable delivery charges before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of preparing your Goods for dispatch.

An offer made by you to purchase a product shall only be deemed to be accepted by us when we dispatch that product to you and send you an Order dispatch notification via e-mail which includes details of the product and the Order.

We reserve the right to refuse any offers in an Order prior to acceptance. If a product is not available we will include details of the unavailable product in the Order dispatch e-mail. A product which is not available will not be included in the contract for a product which is dispatched.

PRICE AND PAYMENT

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The price of the Products shall be the price which is in effect from time to time on the web site. Should any error be discovered in the price of any of the products object of the Order, Lemiché Online Store will inform you as soon as possible, giving you the possibility of re-confirming its order at the correct price or else to cancel it. 

All original prices displayed in the Lemiché Online Store are all in EURO and, unless otherwise stated, inclusive of VAT and other applicable taxes. Our VAT number is: ESY2549298S. Delivery charges will be applied additionally and will be displayed in the order process. The prices of the Products and shipping charges may change at any time but possible changes shall not affect the confirmed Orders and orders that are in the process of being sent. For orders outside the EU, community VAT will not be applied because they are exempt from this tax, but the respective taxes and/or customs duties of the chosen country will be applied.

RETURNS AND REFUNDS

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The returns will be accepted only if the following conditions are fulfilled:

  • any returns should be made within 15 days after you receive your order;
  • the shipping costs and any other related costs (such as import and customs fees, etc.) for the returned order are not covered and will be carried on your own account;
  • all the products should be intact, unused and not damaged;
  • all the products should have all the original labels attached;
  • all the products should be returned only in our original packaging.

Any product purchased through the Lemiche.com which has been personalized, is not subject to the Returns Policy.

Once your returned order reaches us, which sometimes can take up to 10 working days depending on the courier, we will process it as soon as possible and send you a confirmation via e-mail to your registered address. After this date, within maximum of 14 working days we will send you the refund for you order, including taxes and excluding shipping costs. Lemiche.com will proceed to make that reimbursement using the same means of payment employed by the Buyer for the initial transaction.

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The buyer recognizes that any trademark, design, illustrations, photographs and/or other industrial and/or intellectual property rights on the Products and any other elements that form part of this web site, whether or not registered (hereinafter, the "Intellectual Property Rights") are the exclusive property of Lemiché (Elena Demicheva). The fact of making an Order does not grant the buyer any right to use, register or identify the buyer or its business with the Intellectual Property Rights. The elements of this web site are designed for the purpose of offering the sale of the products identified with the Lemiché trademark. The copy or use of those elements does not imply the transfer of any right on them. In this respect, it is expressly forbidden to reproduce, publish, transfer, modify or distribute the elements forming this web site (including software) by any means. Lemiché reserves the pertinent actions in the event of infringement by the buyer of the provisions of this paragraph.

APPLICABLE LAW AND JURISDICTION

The present Access Conditions are governed by the Laws of Spain. In order to solve any conflict related to the interpretation of the present conditions, or the relationship between Lemiche.com and the buyer, the parties submit to the jurisdiction of the courts of the city of Madrid, and expressly waive their right to any other venue.

The web site www.lemiche.com is the property of Elena Demicheva (Lemiché), whose principal place of business is at Llull 387, Barcelona, Spain, with the VAT ID number ESY2549298S. Contact telephone number: +34 935 391 126, e-mail: contact@lemiche.com.